Su Geok Yiam JC:

Enclosure 42 is an application by the plaintiff vide a summons in chambers filed on 7 November 2001 to compel the 2nd, 3rd and 4th defendants to make further and better discovery of documents in favour of the plaintiff.

Grounds Of The Plaintiff's Application

The plaintiff's application is made pursuant to O 24 of the Rules of the High 1980 (hereinafter referred as "the RHC 1980"). The grounds of the application are that in the light of the allegation by the plaintiff of fraud on the part of the 2nd, 3rd and 4th defendants, the 2nd, 3rd and 4th defendants have not disclosed in their list of documents filed on 18 October 2001 (encl 40) (hereinafter referred to as "the said list of documents") documents relating to the issue of whether or not the 4th defendant sold Kenwood audio-visual equipment originally supplied by the plaintiff to the 1st defendant for sale only to retailers between the months of November 1997 and April 1998 (hereinafter referred to as "the said goods"). The plaintiff alleges that there is evidence that such documents exist or did exist and that the 2nd, 3rd and 4th defendants have knowingly omitted to disclose such documents in the said lis